TMI Blog2000 (4) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... MY RAJU JJ. Mukul Rohtagi, Senior Advocate (Irshad Ahmad and Rashid Saeed, Advocates, with him), for the respondents. Utpal Mazumdar, Raja Chatterjee and Mrs. Sarla Chandra, Advocates, for the appellant. -------------------------------------------------- The judgment of the Court was delivered by V.N. KHARE, J. -The appellant herein is a company registered under the Indian Companies Act, 1913 and has its head office and factory outside the State of Bihar. The company manufactures fruit drinks and markets it under the brand name of Frooti and Appy in the State of Bihar through its agents. The Bihar Legislature has enacted an Act known as Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant challenged the aforesaid demand by means of a writ petition under article 226 of the Constitution. However, the said writ petition was dismissed and Letters Patent Appeal filed against the judgment of the learned single Judge was also dismissed. It is in this way the appellant is in appeal before us. 3.. The short question that arises for consideration in this case is, whether the products which are ready to serve beverages under the brand name Frooti and Appy fall under the description of mango and apple, specified in the Schedule. The contention of the learned counsel for the appellant is that, both the fruit drinks are not covered by the Schedule, whereas the contention of the respondents counsel is that the product ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m, if there be any. Subsequently, the said mixture is passed through a cooling channel for cooling down to the room temperature and passed through pipe lines into the steriliser of the tetra brik aseptic packaging machine for packing the beverage in tetra brik packs of 200 ml size which requires high technical expertise. The paper which is used for the packaging, consists of seven layers of materials which include aluminium foil, laminated polythene, etc., for taking care of asepticity ensuring high safety and required life for the produce. The 200 ml pack is then packed in the packaging machine and which passes through the conveyor system on way to the tray packing machine, where it is accumulated in trays. The said tray containing the fru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng liquid milk is specified at item No. 19 whereas butter , ghee , cream , chena and khoya which are manufactured out of milk are separately specified at item Nos. 7, 8, 16, 17 and 19 respectively. Under caption miscellaneous , mango pickles is specified at item No. 18. Mango pickles is a product of mango, which is a fruit, and specified in Schedule but mango pickles have been specified separately. This shows basic ingredients may be the same but the end-product which is known differently is treated as a separate item. It is true that Frooti and Appy are manufactured out of mango pulp and apple concentrate, but after the mango pulps and apple concentrate are processed and beverages are manufactured, the products become e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and have perused the record. A perusal of the definition of agriculture produce under section 2(a) of the Act shows that apart from items of produce of agriculture, horticulture, viticulture, piculture, sericulture, pisciculture, animal husbandry or forest as are specified in the Schedule, the definition further includes admixture of two or more such items and thereafter it further includes taking any such item in processed form and again for the third time the words used are and further includes gur, rab, shakkar, khandsari and jaggery . It is a well-settled rule of interpretation that where the Legislature uses the words means and includes such definition is to be given a wider meaning and is not exhaustive or restricted to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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